Legal Opinion
David J. Scott v. Patrick Churchill, Inspector, Carson City Regional Facility, Philip Bair
Court of Appeals for the Sixth Circuit
Decided July 23, 2004No. 03-2427PublishedCited by 137 opinions
1Opinion of the Court
OPINION
MOORE, Circuit Judge.
Defendant-Appellant Philip Bair (“Bair”) appeals from the denial of qualified immunity in Plaintiff-Appellee David J. Scott’s (“Scott”) § 1983 suit against him. Scott, a prisoner at the Michigan Department of Corrections Carson City Regional Facility, alleges that Bair, a guard at the facility, retaliated against Scott’s exercise of his First Amendment rights by filing a false major misconduct ticket against Scott. This is the third time this court has heard an appeal in this case on the issue of the proper standard governing prisoner First Amendment retaliation…
2Cases cited16 opinions
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Hope v. PelzerSupreme Court of the United States · 2002
- Thaddeus-X and Earnest Bell, Jr. v. BlatterCourt of Appeals for the Sixth Circuit · 1999
- Arizona v. CaliforniaSupreme Court of the United States · 1983
- Earnest Bell, Jr. v. Robert Johnson, Mark Stimpson Allen BlatterCourt of Appeals for the Sixth Circuit · 2002
11 more not listed; retrieve them via the Exa API.
3Cited by137 opinions
- James Maben v. Troy ThelenCourt of Appeals for the Sixth Circuit · 2018
- American Civil Liberties Union v. McCreary CountyCourt of Appeals for the Sixth Circuit · 2010
- Lockett v. SuardiniCourt of Appeals for the Sixth Circuit · 2008
- Darrell Siggers-El v. David BarlowCourt of Appeals for the Sixth Circuit · 2005
- Lynn Pasley v. Vera ConerlyCourt of Appeals for the Sixth Circuit · 2009
132 more not listed; retrieve them via the Exa API.